Smoke gets in their eyes over building rules

November 13 2002

Less than a week after Philip Morris was fined $9000 for "flagrant disregard" of advertising laws, questions are being asked about whether it is trying to influence building ventilation standards. Ruth Pollard writes.

A company with connections to the tobacco giant Philip Morris was involved in the development of a Standards Australia benchmark on ventilation that failed to regulate the health impacts of environmental tobacco smoke.

The standard, if taken into law, will mean ventilation systems in buildings where smoking is allowed do not have to take into account health concerns regarding second-hand tobacco smoke.

The NSW Health Department and WorkCover NSW objected to the standard because of the omission, as did the Australian Building Codes Board and the National Occupational Health and Safety Commission.

And while the company, Healthy Buildings International (HBI), downplayed any connection with the tobacco firm, internal correspondence obtained by the Herald illustrates Philip Morris's influence on HBI and, in turn, the Standards Australia guidelines.

A letter on Philip Morris letterhead dated October 29, 1998, raises the "recent developments concerning the Australian ventilation standard". The letter - from Mark Friedman, Philip Morris assistant general counsel, worldwide regulatory affairs, to other employees - lists HBI as its consultants and HBI employee Chris Salmon as "a member of the Standards sub-committee".");document.write("

advertisement

");
}
}
// -->

It calls for input from Philip Morris Australia to a submission that Mr Salmon would make to Standards Australia.

"We have asked HBI to prepare a report focusing specifically on the impact the proposed changes might have on smoking," another Philip Morris letter states.

HBI reported to the tobacco company that "the proposed changes ... will not have a significant effect on smoking in buildings and in some instances will make it easier for bars and restaurants to permit smoking and comply with the standard".

Chris Salmon, who is no longer employed by HBI, told the Herald he was "never directed in any particular way to make any particular statement to the committee" "The reason I was there was because of my expertise in indoor air quality," he said.

Mr Salmon said he spoke to Philip Morris several times over the course of the negotiations of the standard.

But he insists he "sought advice from a lot of people from a lot of different organisations as well".

Mr Salmon reported to HBI's managing director, Joe Robertson, on the negotiation of the ventilation standards, but was "not aware" of a report made by HBI to Philip Morris on the issue, or that HBI was a consultant to the tobacco company.

Standards Australia said it was unaware of any connection between HBI and Philip Morris.

"This is clearly cause for concern," a spokesman told the Herald.

"Standards Australia will be calling an urgent meeting of the Standards Committee responsible for the ventilation and air-conditioning [standard] to consider the allegations and investigate the matter."

He also said representatives would be asked to again declare any specific interest in the outcome of the standard.

A Philip Morris spokesman acknowledged the company had in the past worked with Healthy Buildings International.

"Within the time frame provided we are unable to comment on past documents without having had the opportunity to retrieve them from our archives and review them," the spokesman said.

According to Simon Chapman, a professor of public health at the University of Sydney and an anti-tobacco campaigner, HBI has a long history of lobbying for the tobacco industry, both in Australia and the United States.

"HBI's major message is consistent with the core platform of the tobacco industry's global policy on environmental tobacco smoke," Professor Chapman writes in a briefing paper.

"[That is] to spread the word that tobacco smoke is a trivial and insignificant part of indoor air pollution, and that the solution to improving indoor air quality ... lies with air-conditioning solutions rather than bans on smoking, thereby allowing smoking to continue in indoor environments," he wrote.

Standards Australia's code on the use of ventilation and air-conditioning in buildings does just that.

It deals with ventilation standards in buildings where smoking is allowed regarding "amenity effects" such as personal comfort, but relegates the health aspects of environmental tobacco smoke to an unenforceable appendix.

HBI's Mr Robertson told the Herald his company had "no connection with Philip Morris".

"We did some work for Philip Morris some years ago, in the same way that we have done some work for the health department," he said.

Questioned about the correspondence between Philip Morris and HBI, Mr Robertson said: "That is private mail between individuals."

Mr Robertson said Standards Australia had already investigated and then discounted allegations of a link between HBI and Philip Morris.

"There is nothing untoward going on, and there is no suggestion of collusion, despite the so-called allegations that we have had to deal with."

Standards Australia said it had no record of an investigation taking place, but pointed out the standard had been developed some years ago.